Employment Law Show 640 Toronto – S9 E09

Episode Summary

What you need to know about medical leave, and more on Season 9 Episode 09 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as an employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

Commission earnings for many employees during the pandemic have been left out of their severance packages. Is this right?

Severance entitlements factor in age, length of the employment position. When an employee is paid solely through commission it is harder to determine what they are entitled to for severance factors. A historical average based on what an employee has earned over the past few years is calculated to determine severance typically.

How long can someone be away from work due to a medical reason?

There is no set period of time that an employee can be away from work due to a medical condition. An employee’s doctor is the sole person who can determine whether or not an employee needs to be away for a medical leave.

Does an employer have the right to ask an employee about their medical condition?

An employer does not have the right to know the specifics of a medical condition or the diagnosis of an employee. The only information an employer is permitted to ask for is if an employee needs to be away from work and for how long, as well as potential accommodations needed at work.

I stopped work due to surgery. For employment insurance, I know you have to have your doctor sign off on it. How long should this process take?

It is important to contact service Canada and make sure there is a record of employment in order to properly qualify for employment insurance.

What are the rights of workers at a facility in which there is a COVID-19 outbreak?

If there is an outbreak within a facility or concerns of safety at the workplace, an employee should contact the Ministry of Labour and report their concerns. Depending on whether or not an employer has neglected their safety obligations, an employee could treat this as termination and seek severance.

My manager asked if I could cancel and postpone my vacation but if I don’t use it now I’ll lose it. Is there anything I can do?

Employees need to abide by company policy and should not be expected to be penalized by their employer as a result. Ultimately, an employee should communicate with their employer about the situation and try and find a compromise if they choose to do so.

I’m on medical leave and won’t be returning due to a disability. My employer won’t allow me to access my profit sharing within the company. Is this right?

Employees can only have access to things such as a pension plan unless a termination or the end of employment is triggered in some sort of capacity. Employees in this situation should contact their insurer and how they can access funds that are part of the profit-sharing plan.

While on medical leave, does an employee regularly have to update their employer of their condition?

An employee that has support from their doctor and a note detailing a specific amount of time for medical leave, the employer should not be contacting their employee before the time period is over. An employee should let their employer know if the medical leave will be extended.

What should an employee do if their disability benefits are cut off?

If an employee is on long-term disability and their benefits are cut off, they should contact a disability lawyer as soon as possible. Appeals to an insurance company are rarely effective and generally waste time.

My daughter resigned after her company shut down due to COVID-19 but she has commission pay pending. What should she do?

An employee who has payments pending should contact the Ministry of Labour and potentially an employment lawyer if there is no response from her former employer.